Dolezal (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant sought review of a decision concerning their eligibility for the visa, with the central issue revolving around the assessment of Public Interest Criterion (PIC) 4005, which relates to health requirements.

The Tribunal was required to determine whether the applicant satisfied PIC 4005 for the purposes of clause 835.223 of Schedule 2 to the Migration Regulations 1994. This involved assessing the conclusion reached by the Medical Officer of the Commonwealth (MOC) regarding the applicant's health.

The Tribunal's reasoning was based on the opinion provided by the MOC. The MOC had reached a non-adverse conclusion regarding the applicant's medical assessment. Accordingly, the Tribunal was satisfied that the applicant met the requirements of PIC 4005(1)(a), (b), and (c), and that all other relevant criteria were either met or inapplicable. The Tribunal therefore remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the visa.